The story so far: A Bench led by Chief Justice of India (CJI) D.Y. Chandrachud will hear on October 12 four long-standing nine-judge Constitution Bench matters for issuing procedural directions like the appointment of a nodal counsel and allocation of time for the compilation of written submissions before the onset of final hearings.
Some of these cases have been pending for more than two decades now and involve crucial questions of law — whether equitable sharing of community resources under Article 39(b) of the Constitution includes privately owned resources; whether ‘royalty’ can be considered a tax, interpretation of the term ‘industry’ under the Industrial Disputes Act, 1947 and the extent of separation of powers between the Union government and the State legislatures over the regulation of industries.
A Constitution Bench is constituted whenever a case requires the interpretation of key constitutional provisions or if there is a significant legal question to be decided. Article 145(3) of the Constitution, which deals with the rules of the Court, provides for the setting up of Constitution Benches and stipulates that a minimum of five judges need to sit to decide a case involving a “substantial question of law as to the interpretation of the Constitution,” or for hearing any reference under Article 143, which deals with the power of the President to consult the Supreme Court.
